DBAs and Family work

There is a lot of talk about Damages Based Agreements, especially after the government shunted thousands of innocent whiplash victims into the small claims court. The recent case of Peter Otto is a reminder that these agreements remain unlawful in some cases. In this case a DBA was wrongfully used in family proceedings. Such proceedings…

More about deductions – and when is a bill a bill?

Last week saw the latest instalment in the ongoing saga concerning deduction from damages in successful cases, particularly routine RTA cases. This was the judgment in SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB). The facts are familiar to anyone who has followed the story. A straightforward RTA claim settled for £1250. The solicitors…

DBAs – some brighter news

There is lots of talk about Damages Based Agreements (DBAs) especially as the right to recover legal costs in many RTA cases is removed after the end of May 2021. One option is for firms to act on the basis that they will charge a percentage of the damages recovered. Anyone who has ever followed…

Housing Conditions Cases – the costs rules

Most firms do not need us to tell them that the world of whiplash claims will change for all time at the end of May 2020. The new rules flow from the changes set out in the Civil Liability Act 2018. As far as costs are concerned the major changes concern the Small claims Track.…

QOCS and counterclaims

Qualified One Way Costs Shifting was introduced as part of the civil procedure reforms in 2013. It is known, not necessarily with affection, as QOCS. The idea came from the Jackson reforms. It was effectively a trade-off. Insurers said that they would prefer to waive any claim for costs in return for not having to…